AFFILIATED CAPITAL CORP. v. CITY OF HOUSTON

No. 81-2335.

700 F.2d 226 (1983)

AFFILIATED CAPITAL CORPORATION, Etc., Plaintiff-Appellant, v. CITY OF HOUSTON, et al., Defendants, Gulf Coast Cable Television and James J. McConn, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 17, 1983.


Attorney(s) appearing for the Case

Stephen D. Susman, William H. White, Charles J. Brink, Houston, Tex., Michael M. Barron, Austin, Tex., for plaintiff-appellant.

Rufus Wallingford, Houston, Tex., for James J. McConn.

John L. Jeffers, Richard B. Miller, Houston, Tex., for Gulf Coast Cable.

Before CLARK, Chief Judge, GEE and GARZA, Circuit Judges.


GARZA, Circuit Judge:

The district court's grant of judgment non obstante veredicto caused the plaintiff to initiate this appeal. After a thorough consideration of the record, we find the territorial market division involved in this case to be a per se violation of the Sherman Act, 15 U.S.C. § 1. We, therefore, reverse the lower court judgment and reinstate the jury's award of $2,100,000 damages.

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